Subdivision 1. Permissible claims. Claims and demands arising out of the circumstances described in this subdivision shall be presented to, heard, and determined as provided in subdivision 2:
(1) an injury to or death of an inmate of a state, regional, or local correctional facility or county jail while performing compensated or uncompensated work in the community for a state agency, a political subdivision or public corporation of this state, a nonprofit educational, medical, or social service agency, or a private business or individual, while performing the work;
(2) an injury to or death of a person sentenced by a court, granted a suspended sentence by a court, or subject to a court disposition order, and who is performing work (i) in restitution, (ii) in lieu of or to work off fines, court-ordered costs, or other statutorily authorized correctional fees, (iii) in lieu of incarceration, or (iv) as a term or condition of a sentence, suspended sentence, or disposition order, while performing the work;
(3) an injury to or death of a person, who has been diverted from the court system and who is performing work as described in clause (1) or (2) under a written agreement signed by the person, and if a juvenile, by a parent or guardian; and
(4) an injury to or death of any person caused by an individual who was performing work as described in clause (1), (2), or (3).
Subd. 2. Evaluation and payment of claims. Claims of $7,000 or less subject to this section shall be investigated by the state or local agency responsible for supervising the work to determine if the claim is valid and if the loss is covered by the claimant's insurance. The investigating agency shall submit all appropriate claims to the Department of Corrections. Subject to the limitations contained in subdivision 2a, the department shall pay the portion of an approved claim that is not covered by the claimant's insurance. This payment shall be made within a reasonable time. On or before the first day of each legislative session, the department shall submit to the appropriate committees of the senate and the house of representatives a list of the claims paid by it during the preceding calendar year and shall be reimbursed by legislative appropriation for the claims paid. For the purposes of this paragraph, in the case of a juvenile claimant the term "claimant's insurance" includes the insurance of the juvenile's parents if the juvenile is covered by the insurance.
A claim in excess of $7,000, and a claim that was not paid by the department may be presented to, heard, and determined by the appropriate committees of the senate and the house of representatives and, if approved, shall be paid pursuant to legislative claims procedure.
No juvenile claimant receiving payment under this section may be identified by name either in the list of claimants submitted by the department or in the legislative appropriation.
Subd. 2a. Limitations. Compensation paid under this section is limited to reimbursement for medical expenses and compensation for permanent total disability, permanent partial disability, or death. Reimbursement for medical expenses under this section is limited to the amount which would be payable for the same expenses under the medical assistance program authorized under chapter 256B. No compensation shall be paid under this section for pain and suffering. Payments made under this section shall be reduced by any proceeds received by the claimant or the medical care provider from any insurance policy covering the loss. For the purposes of this section, "insurance policy" does not include the medical assistance program authorized under chapter 256B.
Subd. 3. Exclusive remedy. The procedure established by this section is exclusive of all other legal, equitable, and statutory remedies against the state, its political subdivisions, or employees of the state or its political subdivisions.
1979 c 260 s 2; 1984 c 513 s 1-3; 1985 c 242 s 1-3; 1986 c 444; 1988 c 469 art 1 s 1; 1996 c 360 s 7,8; 1998 c 367 art 9 s 1; 1999 c 126 s 1; 1999 c 169 s 7; 2000 c 260 s 1; 2016 c 148 art 3 s 3; 2016 c 158 art 2 s 1; 2017 c 95 art 3 s 1
Structure Minnesota Statutes
Section 3.012 — Legislative Day.
Section 3.02 — Evidence Of Membership.
Section 3.055 — Open Meetings.
Section 3.056 — Designation Of Successor Committee.
Section 3.06 — Officers And Employees.
Section 3.07 — Additional Employees.
Section 3.073 — Organization Of Special Session.
Section 3.08 — Election; Duties.
Section 3.082 — Members' Employment; Continuation.
Section 3.083 — Retention Of Seniority, Fringe Benefits And Tenure.
Section 3.084 — Lobbying Activities Prohibited.
Section 3.087 — Right Of Action In District Court.
Section 3.088 — Leave Of Absence.
Section 3.09 — Compensation Of Employees.
Section 3.095 — Legislative Employees, Leaves.
Section 3.096 — Transfer Of Leave.
Section 3.098 — Expense Reports.
Section 3.099 — Members; Compensation And Expenses, Flexible Sessions.
Section 3.101 — Living Expenses.
Section 3.103 — Special Session Living Expenses.
Section 3.15 — Punishment For Contempt.
Section 3.151 — Disturbing Legislature Or Intimidating Member.
Section 3.153 — Legislative Subpoenas.
Section 3.16 — Members, Officers, And Attorneys Excused From Court Duty.
Section 3.185 — Altering Draft Of Bill.
Section 3.19 — Engrossing And Enrolling.
Section 3.191 — Altering Engrossed Bill.
Section 3.192 — Requirements For New Or Renewed Tax Expenditures.
Section 3.195 — Reports To The Legislature.
Section 3.197 — Required Reports.
Section 3.199 — Accessibility In The Legislature's Information Technology.
Section 3.20 — Form Of Act; Submission.
Section 3.221 — Committees And Commissions To Consider Science And Technology Policy.
Section 3.222 — Science And Technology Policy.
Section 3.225 — Professional And Technical Service Contracts.
Section 3.226 — Contracts With Vendors Who Discriminate Against Israel Prohibited.
Section 3.227 — Certification Of Compliance With This Chapter.
Section 3.251 — Commission On Uniform State Laws.
Section 3.252 — Commissioners To Represent State.
Section 3.253 — No Compensation For Commissioners.
Section 3.30 — Legislative Advisory Commission.
Section 3.3005 — Federal Money; Expenditure Review.
Section 3.302 — Legislative Reference Library.
Section 3.3025 — Director Of Legislative Reference Library.
Section 3.303 — Legislative Coordinating Commission; Creation And Organization; Staff; Duties.
Section 3.305 — Legislative Coordinating Commission; Bicameral Legislative Administration.
Section 3.3056 — Committees; Task Forces.
Section 3.732 — Settlement Of Claims.
Section 3.7365 — Legal Counsel; Reimbursement.
Section 3.737 — Livestock Owners; Compensation For Destroyed Or Crippled Animals.
Section 3.7371 — Compensation For Crop Or Fence Damage Caused By Elk.
Section 3.738 — Injury Or Death Of Patient Or Inmate.
Section 3.739 — Injury Or Death Of Certain Inmates Or Persons.
Section 3.7393 — Consideration And Payment Of Claims.
Section 3.7394 — Effect Of Special Compensation Process; Relationship To Other Law.
Section 3.7395 — Public Assistance.
Section 3.7396 — Disposition Of Remnant Steel Of I-35w Bridge.
Section 3.749 — Legislative Claims; Filing Fee.
Section 3.751 — Contract Claims.
Section 3.754 — Budget Requests; Property Improvement Claims.
Section 3.755 — Damage By Escaping Inmates.
Section 3.757 — Release Of Opioid-related Claims.
Section 3.841 — Legislative Coordinating Commission.
Section 3.842 — Review Of Rules By Commission Or Committee.
Section 3.843 — Public Hearings By State Agencies.
Section 3.85 — Legislative Commission On Pensions And Retirement.
Section 3.855 — Employee Relations.
Section 3.8841 — Legislative Commission On Metropolitan Government.
Section 3.8842 — Legislative Commission On Minnesota Sports Facilities.
Section 3.8844 — Legislative Commission On Data Practices.
Section 3.8845 — Legislative Commission On Housing Affordability.
Section 3.885 — Legislative Commission On Planning And Fiscal Policy.
Section 3.8851 — Legislative Energy Commission.
Section 3.8853 — Legislative Budget Office.
Section 3.8854 — Legislative Budget Office Oversight Commission.
Section 3.8855 — Tax Expenditure Review Commission.
Section 3.888 — Legislative Commission On Cybersecurity.
Section 3.921 — Standing Committees As Interim Study Committees.
Section 3.9215 — Ombudsperson For American Indian Families.
Section 3.9216 — American Indian Community-specific Board.
Section 3.922 — Indian Affairs Council.
Section 3.9221 — Indian Tribes; Compacts To Be Negotiated.
Section 3.94 — Place Of Session.
Section 3.95 — Special Session In Event Of Attack.
Section 3.96 — Quorum And Vote Requirements.
Section 3.97 — Legislative Audit Commission.
Section 3.971 — Legislative Auditor.
Section 3.972 — Audits Of Agencies.
Section 3.974 — Distribution Of Written Report.
Section 3.9741 — Cost Of Certain Audits.
Section 3.975 — Duties Concerning Misuse Of Public Money Or Other Resources.
Section 3.978 — Auxiliary Powers.
Section 3.979 — Data Classification And Disclosure.
Section 3.987 — Local Impact Notes For State-mandated Actions.
Section 3.988 — Exceptions To Local Impact Notes.
Section 3.989 — Reimbursement To Local Political Subdivisions For Costs Of State Mandates.